APPENDIX TO CHAPTER VI.

WILL OF THOMAS CROMWELL.—1529.

In the name of God, Amen. The 12th day of July, in the year of our Lord God MCCCCCXXIX., and in the 21st year of the reign of our Sovereign Lord, King Henry VIII., I, Thomas Cromwell, of London, Gentleman, being whole in body and in good and perfect memory, lauded be the Holy Trinity, make, ordain, and declare this my present testament, containing my last will, in manner as following:—First I bequeath my soul to the great God of heaven, my Maker, Creator, and Redeemer, beseeching the most glorious Virgin and blessed Lady Saint Mary the Virgin and Mother, with all the holy company of heaven to be mediators and intercessors for me to the Holy Trinity, so that I may be able, when it shall please Almighty God to call me out of this miserable world and transitory life, to inherit the kingdom of heaven amongst the number of good Christian people; and whensoever I shall depart this present life I bequeath my body to be buried where it shall please God to ordain me to die, and to be ordered after the discretion of mine executors undernamed. And for my goods which our Lord hath lent me in this world, I will shall be ordered and disposed in manner and form as hereafter shall ensue. First I give and bequeath unto my son Gregory Cromwell six hundred threescore six pounds, thirteen shillings, and fourpence, of lawful money of England, with the which six hundred threescore six pounds, thirteen shillings, and fourpence, I will mine executors undernamed immediately or as soon as they conveniently may after my decease, shall purchase lands, tenements, and hereditaments to the clear yearly value of 33l. 6s. 8d. by the year above all charges and reprises to the use of my said son Gregory, for term of his life; and after the decease of the said Gregory to the heirs male of his body lawfully to be begotten, and for lack of heirs male of the body of the said Gregory, lawfully begotten, to the heirs general of his body lawfully begotten. And for lack of such heirs to the right heirs of me the said Thomas Cromwell, in fee. I will also that immediately and as soon as the said lands, tenements, and hereditaments shall be so purchased after my death as is aforesaid by mine executors, that the yearly profits thereof shall be wholly spent and employed in and about the education and finding honestly of my said son Gregory, in virtue, good learning, and manners, until such time as he shall come to the full age of 24 years. During which time I heartily desire and require my said executors to be good unto my said son Gregory, and to see he do lose no time, but to see him virtuously ordered and brought up according to my trust.

Item. I give and bequeath to my said son Gregory, (when he shall come to his full age of 24 years,) two hundred pounds of lawful English money to order them as our Lord shall give him grace and discretion, which 200l. I will shall be put in surety to the intent the same may come to his hands at his said age of 24 years. Item. I give and bequeath to my said son Gregory of such household stuff as God hath lent me, three of my best featherbeds with their bolsters; 2d., the best pair of blankets of fustian, my best coverlet of tapestry, and my quilt of yellow Turkey satin; one pair of my best sheets, four pillows of down, with four pair of the best pillowberes, four of my best table-cloths, four of my best towels, two dozen of my finest napkins, and two dozen of my other napkins, two garnish of my best vessel, three of my best brass pots, three of my best brass pans, two of my best kettles, two of my best spits, my best joined bed of Flanders work, with the best —— and tester, and other the appurtenances thereto belonging; my best press, carven of Flanders work, and my best cupboard, carven of Flanders work, with also six joined stools of Flanders work, and six of my best cushions. Item. I give and bequeath to my said son Gregory a basin with an ewer parcel-gilt, my best salt gilt, my best cup gilt, three of my best goblets; three other of my goblets parcel-gilt, twelve of my best silver spoons, three of my best drinking alepots gilt; all the which parcels of plate and household stuff I will shall be safely kept to the use of my said son Gregory till he shall come to his said full age of 24. And all the which plate, household stuff, napery, and all other the premises, I will mine executors do put in safe keeping until my said son come to the said years or age of 24. And if he die before the age of 24, then I will all the said plate, vessel, and household stuff shall be sold by mine executors. And the money thereof coming to be given and equally divided amongst my poor kinsfolk, that is to say, amongst the children as well of mine own sisters Elizabeth and Katherine, as of my late wife's sister Joan, wife to John Williamson;[144] and if it happen that all the children of my said sisters and sister-in-law do die before the partition be made, and none of them be living, then I will that all the said plate, vessel, and household stuff shall be sold and given to other my poor kinsfolk then being in life, and other poor and indigent people, in deeds of charity for my soul, my father and mother their souls, and all Christian souls.

[[145]Item. I give and bequeath to my daughter Anne an hundred marks of lawful money of England when she shall come to her lawful age or happen to be married, and 40l. toward her finding until the time that she shall be of lawful age or be married, which 40l. I will shall be delivered to my friend John Cook, one of the six Clerks of the King's Chancery, to the intent he may order the same and cause the same to be employed in the best wise he can devise about the virtuous education and bringing up of my said daughter till she shall come to her lawful age or marriage. Then I will that the said 100 marks, and so much of the said 40l. as then shall be unspent and unemployed at the day of the death of my said daughter Anne, I will it shall remain to Gregory my son, if he then be in life; and if he be dead, the same hundred marks, and also so much of the said 40l. as then shall be unspent, to be departed amongst my sisters' children, in manner and form aforesaid. And if it happen my said sisters' children then to be all dead, then I will the said 100 marks and so much of the said 40l. as shall be unspent, shall be divided amongst my kinsfolk, such as then shall be in life.] Item. I give and bequeath unto my sister Elizabeth Wellyfed 40l., three goblets without a cover, a mazer, and a nut. Item. I give and bequeath to my nephew Richard Willyams [[146] servant with my Lord Marquess Dorset, 66l. 13s. 4d.], 40l. sterling, my [[146] fourth] best gown, doublet, and jacket. Item. I give and bequeath to my nephew Christopher Wellyfed 40l., [[146] 20l.] my fifth gown, doublet, and jacket. Item. I give and bequeath to my nephew William Wellyfed the younger 20l., [[146] 40l.] Item. I give and bequeath to my niece Alice Wellyfed, to her marriage, 20l. And if it happen, her to die before marriage, then I will that the said 20l. shall remain to her brother Christopher. And if it happen him to die, the same 20l. to remain to Wm. Wellyfed the younger, his brother. And if it happen them all to die before their lawful age or marriage, then I will that all their parts shall remain to Gregory my son. And if it happen him to die before them, then I will all the said parts shall remain [[146] to Anne and Grace, my daughters] to Richard Willyams and Walter Willyams, my nephews. And if it happen them to die, then I will that all the said parts shall be distributed in deeds of charity for my soul, my father's and mother's souls, and all Christian souls. Item. I give and bequeath to my mother-in-law Mercy Prior 40l. of lawful English money, and her chamber, with certain household stuff; that is to say, a featherbed, a bolster, two pillows with their beres, six pair of sheets, a pair of blankets, a garnish of vessel, two pots, two pans, two spits, with such other of my household stuff as shall be thought meet for her by the discretion of mine executors, and such as she will reasonably desire, not being bequeathed to other uses in this my present testament and last will. Item. I give and bequeath to my said mother-in-law a little salt of silver, a mazer, six silver spoons, and a drinking-pot of silver. And also I charge mine executors to be good unto her during her life. Item. I give and bequeath to my brother-in-law William Wellyfed, 20l., my third gown, jacket, and doublet. Item. I give and bequeath to John Willyams my brother-in-law, 100 marks, a gown, a doublet, a jacket, a featherbed, a bolster, six pair of sheets, two table-cloths, two dozen napkins, two towels, two brass pots, two brass pans, a silver pot, a nut parcel-gilt; and to Joan, his wife, 40l. Item. I give and bequeath to Joan Willyams, their daughter, to her marriage, 20l., and to every other of their children 12l. 13s. 4d. Item. I bequeath to Walter Willyams, my nephew, 20l. Item. I give and bequeath to Ralph Sadler, my servant, 200 marks of lawful English money, my second gown, jacket, and doublet, and all my books. Item. I give and bequeath to Hugh Whalley, my servant, 6l. 13s. 4d. Item. I give and bequeath to Stephen Vaughan, sometime my servant, 100 marks, a gown, jacket, and doublet. Item. I give and bequeath to Page, my servant, otherwise called John De Pount, 6l. 13s. 4d. [[146] Item. I give and bequeath to Elizabeth Gregory, sometime my servant, 20l., six pair of sheets, a featherbed, a pair of blankets, a coverlet, two table-cloths, one dozen napkins, two brass pots, two pans, two spits.] And also to Thomas Averey, my servant, 6l. 13s. 4d. [[146] Item. I give and bequeath to John Cooke, one of the six Master Clerks of the Chancery, 10l., my second gown, doublet, and jacket. Item. I give and bequeath to Roger More, servant of the King's bakehouse, 6l. 13s. 4d., three yards of satin; and to Maudelyn, his wife, 3l. 6s. 8d.] Item. I give and bequeath to John Horwood, 6l. 13s. 4d. [[146] Item. I give and bequeath to my little daughter Grace 100 marks of lawful English money when she shall come to her lawful age or marriage; and also 40l. towards her exhibition and finding until such time she shall be of lawful age or be married, which 40l. I will shall be delivered to my brother-in-law, John Willyams, to the intent he may order and cause the same to be employed in and about the virtuous education and bringing up of my said daughter, till she shall come to her lawful age or marriage. And if it happen my said daughter to die before she come to her lawful age or marriage, then I will that the said 100 marks, and so much of the said 40l. as shall then be unspent and unemployed about the finding of my said daughter at the day of the death of my said daughter shall remain and be delivered to Gregory my son, if he then shall happen to be in life; and if he be dead, then the said 100 marks, and the said residue of the said 40l., to be evenly departed among my grown kinsfolk—that is to say, my sisters' children aforesaid.] Item. That the rest of mine apparel before not given or bequeathed in this my testament and last will shall be given and equally departed amongst my servants after the order and discretion of mine executors. Item. I will also that mine executors shall take the yearly profits above the charges of my farm of Carberry, and all other things contained in my said lease of Carberry, in the county of Middlesex, and with the profits thereof shall yearly pay unto my brother-in-law William (Wellyfed) and Elizabeth his wife, mine only sister, twenty pounds; give and distribute for my soul quarterly 40 shillings during their lives and the longer of them; and after the decease of the said William and Elizabeth, the profits of the said farm over and above the yearly rent to be kept to the use of my son Gregory till he be come to the age of 24 years. And at the years of 24 the said lease and farm of Carberry, I do give and bequeath to my son Gregory, to have the same to him, his executors and assigns. And if it fortune the said Gregory my son to die before, my said brother-in-law and sister being dead, he shall come to the age of 24 years, then I will my said cousin Richard Willyams shall have the farm with the appurtenances to him and to his executors and assigns; and if it happen my said brother-in-law, my sister, my son Gregory, and my said cousin Richard, to die before the accomplishment of this my will touching the said farm, then I will mine executors shall sell the said farm, and the money thereof coming to employ in deeds of charity, to pray for my soul and all Christian souls. Item. I will mine executors shall conduct and hire a priest, being an honest person of continent and good living, to sing for my soul by the space of seven years next after my death, and to give him for the same 6l. 13s. 4d. for his stipend. Item. I give and bequeath towards the making of highways in this realm, where it shall be thought most necessary, 20l. to be disposed by the discretion of mine executors. Item. I give and bequeath to every the five orders of Friars within the City of London, to pray for my soul, 20 shillings. Item. I give and bequeath to 60 poor maidens in marriage, 40l., that is to say, 13s. 4d. to every of the said poor maidens, to be given and distributed by the discretion of mine executors. Item. I will that there shall be dealt and given after my decease amongst poor people householders, to pray for my soul, 20l., such as by mine executors shall be thought most needful. Item. I give and bequeath to the poor parishioners of the parish where God shall ordain me to have my dwellingplace at the time of my death, 10l., to be truly distributed amongst them by the discretion of mine executors. Item. I give and bequeath to my parish church for my tithes forgotten, 20 shillings. Item. To the poor prisoners of Newgate, Ludgate, King's Bench, and Marshalsea, to be equally distributed amongst them, 10l. Willing, charging, and desiring mine executors underwritten, that they shall see this my will performed in every point according to my true meaning and intent as they will answer to God, and discharge their consciences. The residue of all my goods, chattels, and debts not bequeathed, my funeral and burial performed, which I will shall be done without any earthly pomp, and my debts paid, I will shall be sold, and the money thereof coming, to be distributed in works of charity and pity, after the good discretion of mine executors undernamed. Whom I make and ordain, Stephen Vaughan, Ralph Sadler, my servants, and John Willyams my brother-in-law. Praying and desiring the same mine executors to be good unto my son Gregory, and to all other my poor friends and kinsfolk and servants aforenamed in this my testament. And of this my present testament and last will I make Roger More mine overseer; unto whom and also to every of the other mine executors I give and bequeath 6l. 13s. 4d. for their pains to be taken in the execution of this my last will and testament, over and above such legacies as herebefore I have bequeathed them in this same testament and will. In witness whereof, to this my present testament and last will I have set to my hand in every leaf contained in this book, the day and year before limited.Thomas Cromwell.

Item. I give and bequeath to William Brabazon, my servant, 20l. 8s., a gun, a doublet, a jacket, and my second gelding.

It. to John Avery, Yeoman of the Bedchamber with the King's Highness, 6l. 13s. 4d., and a doublet of satin.

It. to Thurston, my cook, 6l. 13s. 4d.

It. to William Body, my servant, 6l. 13s. 4d.

It. to Peter Mewtas, my servant, 6l. 13s. 4d.

It. to Ric. Sleysh, my servant, 6l. 13s. 4d.

It. to George Wilkinson, my servant, 6l. 13s. 4d.

It. to my friend, Thomas Alvard, 10l., and my best gelding.

It. to my friend, Thomas Bush, 10l.

It. to my servant, John Hynde, my horsekeeper, 3l. 6s. 8d.

Item. I will that mine executors shall safely keep the patent of the manor of Romney to the use of my son Gregory, and the money growing thereof, till he shall come to his lawful age, to be yearly received to the use of my said son, and the whole revenue thereof coming to be truly paid unto him at such time as he shall come to the age of 24 years.

NOTES:

[144] Or Willyams. The words are used indifferently.

[145] The clause enclosed between brackets is struck through.

[146] Struck through.


CHAPTER VII.

THE LAST EFFORTS OF DIPLOMACY.

I have now to resume the thread of the political history where it was dropped at the sentence of divorce pronounced by Cranmer, and the coronation of the new queen. The effect was about to be ascertained of these bold measures upon Europe; and of what their effect would be, only so much could be foretold with certainty, that the time for trifling was past, and the pope and Francis of France would be compelled to declare their true intentions. If these intentions were honest, the subordination of England to the papacy might be still preserved in a modified form. The papal jurisdiction was at end, but the spiritual supremacy of the Bishop of Rome, with a diminished but considerable revenue attached to it, remained unaffected; and it was for the pope to determine whether, by fulfilling at last his original engagements, he would preserve these remnants of his power and privileges, or boldly take up the gage, excommunicate his disobedient subjects, and attempt by force to bring them back to their allegiance.

April 22.

The news of what had been done did not take him wholly by surprise. It was known at Brussels at the end of April that the king had married. The queen regent[147] spoke of it to the ambassador sternly and significantly, not concealing her expectation of the mortal resentment which would be felt by her brothers;[148] and the information was forwarded with the least The king's marriage compels Clement to declare himself. possible delay to the cardinals of the imperial faction at Rome. The true purposes which underlay the contradiction of Clement's language are undiscoverable. Perhaps in the past winter he had been acting out a deep intrigue—perhaps he was drifting between rival currents, and yielded in any or all directions as the alternate pressure varied; yet whatever had been the meaning of his language, whether it was a scheme to deceive Henry, or was the expression only of weakness and good-nature desiring to avoid a quarrel to the latest moment, the decisive step which had been taken in the marriage, even though it was nominally undivulged, obliged him to choose his course and openly adhere to it. After the experience of the past, there could be no doubt what that course would be.

May 12. The king is cited to appear at Rome.

On the 12th of May a citation was issued against the King of England, summoning him to appear by person or proxy at a stated day. It had been understood that no step of such a kind was to be taken before the meeting of the pope and Francis; Bennet, therefore, Henry's faithful secretary, hastily inquired the meaning of this measure. The pope told him that it could not be avoided, and the language which he used revealed to the English agent the inevitable future. The king, he said, had defied the inhibitory brief which had been lately issued, and had incurred excommunication; the imperialists insisted that he should be proceeded against for contempt, and that the excommunication should at once be pronounced. However great might be his own personal reluctance, it was not possible for him to remain passive; and if he declined to resort at once to The censures of the church suspended only till the emperor can execute them. the more extreme exercise of his power, the hesitation was merely until the emperor was prepared to enforce the censures of the church with the strong hand. It stood not "with his honour to execute such censures," he said, "and the same not to be regarded."[149] But there was no wish to spare Henry; and if Francis could be detached from his ally, and if the condition of the rest of Christendom became such as to favour the enterprise, England might evidently look for the worst which the pope, with the Catholic powers, could execute. If the papal court was roused into so menacing a mood by the mere intimation of the secret marriage, it was easy to foresee what would ensue when the news arrived of the proceedings at Dunstable. Bennet entreated that the process should be delayed till the interview; but the pope answered coldly that he had done his best and could do no more; the imperialists were urgent, and he saw no reason to refuse their petition.[150] This was Clement's usual language, but there was something The pope's resolution and the explanation of it. peculiar in his manner. He had been often violent, but he had never shown resolution, and the English agents were perplexed. The mystery was soon explained. He had secured himself on the side of France; and Francis, who at Calais had told Henry that his negotiations with the see of Rome were solely for the interests of England, that for Henry's sake he was marrying his son into a family beneath him in rank, that Henry's divorce was to form the especial subject of his conference with the pope, had consented to allow these dangerous questions to sink into a secondary place, and had relinquished his intention, if he had ever seriously entertained it, of becoming an active party in the English quarrel.

Delay of the interview between the pope and Francis.

The long talked-of interview was still delayed. First it was to have taken place in the winter, then in the spring; June was the date last fixed for it, and now Bennet had to inform the king that it would not take place before September; and that, from the terms of a communication which had just passed between the parties who were to meet, the subjects discussed at the conference would not be those which The true purposes of that interview. he had been led to expect. Francis, in answer to a question from the pope, had specified three things which he proposed particularly to "intreat." The first concerned the defence of Christendom against the Turks, the second concerned the general council, and the third concerned "the extinction of the Lutheran sect."[151] These were the points which the Most Christian king was anxious to discuss with the pope. For the latter good object especially, "he would devise and treat for the provision of an army." In the King of England's cause, he trusted "some means might be found whereby it might be compounded;"[152] but if persuasion failed, there was no fear lest he should have recourse to any other method.

It was this which had given back to the pope his courage. It was this which Bennet had now to report to Henry. The French alliance, it was too likely, would prove a broken reed, and pierce the hand that leant upon it.

Probable isolation of England.

Henry knew the danger; but danger was not a very terrible thing either to him or to his people. If he had conquered his own reluctance to risk a schism in the church, he was not likely to yield to the fear of isolation; and if there was something to alarm in the aspect of affairs, there was also much to encourage. His parliament was united and resolute. His queen was pregnant. The Nun of Kent had assigned him but a month to live after his marriage; six months had passed, and he was alive and well; the supernatural powers had not declared against him; and while safe with respect to enmity from above, the earthly powers he could afford to defy. When he finally divorced Queen Catherine, he must have foreseen Policy of Francis. his present position at least as a possibility, and if not prepared for so swift an apostasy in Francis, and if not yet wholly believing it, we may satisfy ourselves he had never absolutely trusted a prince of metal so questionable.

The Duke of Norfolk was waiting at the French court, with a magnificent embassy, to represent the English king at the interview. The arrival of the pope had been expected in May. It was now delayed till September; and if Clement came after all, it would be for objects in which England had but small concern. It was better for England that there should be no meeting at all, than a meeting to devise schemes for the massacre of Lutherans. Henry therefore wrote to the Duke, telling him generally what he had heard from Rome; he mentioned the three topics which he understood were to form the matter of discussion; but he skilfully affected to regard them as having originated with the imperialists, and not with the French king. In a long paper of instructions, in which earnestness and irony were strangely blended, he directed the ambassador to treat his good brother as if he were still exclusively devoted to the interests of England; and to urge upon him, on the ground of this fresh delay, that the interview should not take place at all.[153]

The king's instructions to the Duke of Norfolk to "disappoint the interview."

"Our pleasure is," he wrote, "that ye shall say ——— that we be not a little moved in our heart to see our good brother and us, being such princes or Christendom, to be so handled with the pope, so much to our dishonour, and to the pope's and the emperor's advancement; seeming to be at the pope's commandment to come or tarry as he or his cardinals shall appoint; and to depend upon his pleasure when to meet—that is to say, when he list or never. If our good brother and we were either suitors to make request, the obtaining whereof we did much set by, or had any particular matter of advantage to entreat with him, these proceedings might be the better tolerated; but our good brother having no particular matter of his own, and being ... that [no] more glory nor surety could happen to the The "Three Articles" proposed for discussion will be wholly to the advantage of the Imperialists emperour than to obtain the effect of the three articles moved by the pope and his cardinals, we think it not convenient to attend the pleasure of the pope, to go or to abyde. We could have been content to have received and taken at the pope's hand, jointly with our good brother, pleasure and friendship in our great cause; [but] on the other part, we cannot esteem the pope's part so high, as to have our good brother an attendant suitor therefore ... desiring him, therefore, in anywise to disappoint for his part the said interview; and if he have already granted thereto—upon some new good occasion, which he now undoubtedly hath—to depart from the same.

He has found by experience that the friendship of the pope is not vital to England.

"For we, ye may say, having the justness of our cause for us, with such an entire and whole consent of our nobility and commons of our realm and subjects, and being all matters passed, and in such terms as they now be, do not find such lack and want of that the pope might do, with us or against us, as we would for the obtaining thereof be contented to have a French king our so perfect a friend, to be not only a mediator but a suitor therein, and a suitor attendant to have audience upon liking and after the advice of such cardinals as repute it among pastymes to play and dally with kings and princes; whose honour, ye may say, is above all things, and more dear to us in the person of our good brother, than is any piece of our cause at the pope's hands. And therefore, if there be none other thing but our cause, and the other causes whereof we be advertised, our advice, counsel, special desire also and request is, [that our good brother shall] break off the interview, unless the pope will make suit to him; and [unless] our said good brother hath such causes of his own as may King Henry knows the pope and himself also. particularly tend to his own benefit, honour and profit—wherein he shall do great and singular pleasure unto us; giving to understand to the pope, that we know ourselves and him both and look to be esteemed accordingly."

Should it appear that on receipt of this communication, Francis was still resolved to persevere, and that he had other objects in view to which Henry had not been made privy, the ambassadors were then to remind him of the remaining obligations into which he had entered; and to ascertain to what degree his assistance might be calculated upon, should the pope pronounce Henry deposed, and the emperor attempt to enforce the sentence.

Intended appeal to a general council.

After forwarding these instructions, the king's next step was to anticipate the pope by an appeal which would neutralize his judgment should he venture upon it; and which offered a fresh opportunity of restoring the peace of Christendom, if there was true anxiety to preserve that peace. The hinge of the great question, in the form which at last it assumed, was the validity or invalidity of the dispensation by which Henry had married his brother's widow. Being a matter which touched the limit of the pope's power, the pope was himself unable to determine it in his own favour; and the only The advantages of this measure. authority by which the law could be ruled, was a general council. In the preceding winter, the pope had volunteered to submit the question to this tribunal; but Henry believing that it was on the point of immediate solution in another way, had then declined, on the ground that it would cause a needless delay. He was already married, and he had hoped that sentence might be given in his favour in time to anticipate the publication of the ceremony. But he was perfectly satisfied that justice was on his side; and was equally confident of obtaining the verdict of Europe, if it could be fairly pronounced. Now, therefore, under the altered circumstances, he accepted the offered alternative. He anticipated with tolerable certainty the effect which would be produced at Rome, when the June 29. news should arrive there of the Dunstable divorce; and on the 29th of June he appealed formally, in the presence of the Archbishop of York, from the pope's impending sentence, to the next general council.[154]

Terms of the appeal. The king has no intention of derogating from the lawful privileges of the See of Rome.

Of this curious document the substance was as follows:—It commenced with a declaration that the king had no intention of acting otherwise than became a good Catholic prince; or of injuring the church or attacking the privileges conceded by God to the Holy See. If his words could be lawfully shown to have such a tendency, he would revoke, emend, and correct them in a Catholic spirit.

The general features of the case were then recapitulated. His marriage with his brother's wife had been pronounced illegal by the principal But Europe having declared in his favour in his great matter, "by the inspiration of the Most High," he has married another wife. universities of Europe, by the clergy of the two provinces of the Church of England, by the most learned theologians and canonists, and finally, by the public judgment of the church.[155] He therefore had felt himself free; and, "by the inspiration of the Most High, had lawfully married another woman." Furthermore, "for the common weal and tranquillity of the realm of England, and for the wholesome rule and government of the same, he had caused to be enacted certain statutes and ordinances, by authority of parliaments lawfully called for that purpose." "Now, however," he continued, "we fearing that his Holyness the Pope ... having in our said He fears that the pope, who has injured him throughout, may now pass the censures of the church against him. cause treated us far otherwise than either respect for our dignity and desert, or the duty of his own office required at his hands, and having done us many injuries which we now of design do suppress, but which hereafter we shall be ready, should circumstances so require, to divulge ... may now proceed to acts of further injustice, and heaping wrong on wrong, may pronounce the censures and other penalties of the spiritual sword against ourselves, our realm, and subjects, seeking thereby to deprive us of the use of the sacraments, and to cut us off, in the sight of the world, from the unity of the church, to the no slight hurt and injury of our realm and subjects:

"Fearing these things, and desiring to preserve from detriment not only ourselves, our own dignity and estimation, but also our subjects, committed to us by Almighty God; to keep them in the unity of the Christian faith, and in the wonted participation in the sacraments; that, when in truth they be not cut off from the integrity of the church, nor can nor will be so cut off in any manner, they may not appear to be so cut off in the estimation of men; [desiring further] to check and hold back our people whom God has given to us, lest, in the event of such injury, they refuse utterly to obey any longer the Roman Pontiff, as a hard and cruel pastor: [for these causes] and believing, from reasons probable, conjectures likely, and words used to our injury by his Holiness the Pope, which in divers manners have been brought to our ears, that some weighty act may be committed by him or He appeals from any such censures to the next general council. others to the prejudice of ourselves and of our realm;—We, therefore, in behalf of all and every of our subjects, and of all persons adhering to us in this our cause, do make our appeal to the next general council, which shall be lawfully held, in place convenient, with the consent of the Christian princes, and of such others as it may concern—not in contempt of the Holy See, but for defence of the truth of the Gospel, and for the other causes afore rehearsed. And we do trust in God that it shall not be interpreted as a thing ill done on our part, if preferring the salvation of our soul and the relief of our conscience to any mundane respects or favours, we have in this cause regarded more the Divine law than the laws of man, and have thought it rather meet to obey God than to obey man."[156]

By the appeal and the causes which were assigned for it, Henry preoccupied the ground of the conflict; he entrenched himself in the "debatable land" of legal uncertainty; and until his position had been pronounced untenable by the general voice of Christendom, any sentence which the pope could issue would have but a doubtful validity. It was, perhaps, but a slight advantage; and the niceties of technical fencing might soon resolve themselves into a question of mere strength; yet, in the opening of great conflicts, it is well, even when a resort to force is inevitable, to throw on the opposing party the responsibility of violence; and Henry had been led, either by a refinement of policy, or by the plain straightforwardness of his intentions, into a situation where he could expect without alarm the unrolling of the future.

The character of that future was likely soon to be decided. The appeal was published on the 29th of June; and as the pope must have heard, by the middle of the month at latest, of the trial and judgment at Dunstable, a few days would bring an account of the manner in which he had received the intelligence. Prior to the arrival of the couriers, Bennet, with the assistance of Cardinal Tournon, had somewhat soothed down his exasperation. Francis, also, having heard that immediate process was threatened, had written earnestly to deprecate such a measure;[157] and though he took the interference "very displeasantly,"[158] the pope could not afford to lose, by premature impatience, the fruit of all his labour and diplomacy, and had yielded so far as to promise that nothing of moment should be done. To this The news of the divorce pronounced at Dunstable arrives at Rome. state of mind he had been brought one day in the second week of June. The morning after, Bennet found him "sore altered." The news of "my Lord of Canterbury's proceedings" had arrived the preceding night; and "his Holiness said that [such] doings were too sore for him to stand still at and do nothing."[159] It was "against his duty towards God and the world to tolerate them." The imperialist cardinals, impatient before, clamoured that the evil had been caused by the dilatory timidity with which the case had been handled from the first.[160] The consistory sate day after day with General indignation in the consistory. closed doors;[161] and even such members of it had before inclined to the English side, joined in the common indignation. "Some extreme process" was instantly looked for, and the English agents, in their daily interviews with the pope, were forced to listen to language which it was hard to bear with equanimity. Bennet's well-bred courtesy carried him successfully through the difficulty; his companion Bonner was not so fortunate. Bonner's tongue was insolent, and under bad control. He replied to menace by Bonner is impertinent. The pope threatens to boil him in lead. He writes in terror to England. impertinence; and on one occasion was so exasperating, that Clement threatened to burn him alive, or boil him in a caldron of lead.[162] When fairly roused, the old man was dangerous; and the future Bishop of London wrote to England in extremity of alarm. His letter has not been found, but the character of it may be perceived from the reassuring reply of the king. The agents, Henry said, were not to allow themselves to be frightened; they Henry comforts him. were to go on calmly, with their accustomed diligence and dexterity, disputing the ground from point to point, and trust to him. Their cause was good, and, with God's help, he would be able to defend them from the malice of their adversaries.[163]

The consistory cools into prudence.

Fortunately for Bonner, the pope's passion was of brief duration, and the experiment whether Henry's arm could reach to the dungeons of the Vatican remained untried. The more moderate of the cardinals, also, something assuaged the storm; and angry as they all were, the majority still saw the necessity of prudence. In the heat of the irritation, final sentence was to have been pronounced upon the entire cause, backed by interdict, excommunication, and the full volume of the papal thunders. At the close of a month's deliberation they resolved to reserve judgment on the original question, and to confine themselves for the present to revenging the insult to the pope by "my Lord of Canterbury." Both the king and the archbishop had disobeyed a formal inhibition. On the 12th of July, the pope issued a brief, July 12. The pope declares the divorce illegal, and commands Henry to cancel the process. If he fails to obey, he is declared excommunicated. declaring Cranmer's judgment to have been illegal, the English process to have been null and void, and the king, by his disobedience, to have incurred, ipso facto, the threatened penalties of excommunication. Of his clemency he suspended these censures till the close of the following September, in order that time might be allowed to restore the respective parties to their old positions: if within that period the parties were not so restored, the censures would fall.[164] This brief was sent into Flanders, and fixed in the usual place against the door of a church in Dunkirk.

Henry was prepared for a measure which was no more than natural. He had been prepared for it as a possibility when he married. Both he and Francis must have been prepared for it on their meeting at Calais, when the French king advised him to marry, and promised to support him through the consequences. His own measures had been arranged beforehand, and he had secured himself in technical entrenchments by his appeal. After the issue of the brief, however, he could allow no English embassy to compliment Clement by its presence on his visit to France. He "knew the pope," as he said. Long experience had shown him that nothing was to be gained by yielding in minor points; and the only chance which now remained of preserving the established order of Christendom, was to terrify the Vatican court into submission by the firmness of his attitude. For the present complications, the court of Rome, not he, was responsible. The pope, with a culpable complacency for the emperor, had shrunk from discharging a duty which his office imposed upon him; and the result had been that the duty was discharged by another. Henry could not blame himself for the Henry again urges Francis to decline to meet the pope. consequences of Clement's delinquency. He rather felt himself wronged in having been driven to so extreme a measure against his will. He resolved, therefore, to recal the embassy, and once more, though with no great hope that he would be successful, to invite Francis to fulfil his promise, and to unite with himself in expressing his resentment at the pope's conduct.